Excerpt: ...nd $729.93 in costs and expenses is appropriate. For the following reasons, the Court GRANTS, in Part, Plaintiff Dzhabrayan's Motion for Attorney's Fees, Costs, and Expenses in the amount of $34,037.83, comprised of $31,545.00 in reasonable attorney's fees and $2,492.83 in reasonable costs and expenses. Motion for Attorney's Fees: GRANTED, in Part. Legal Standard: A prevailing plaintiff in a Song-Beverly Act action is entitled to recover their at...

Excerpt: ...d Severally, in the Amount of $1,935.00—on the grounds that Synergy and its Principal, Andrew Martinez, have failed to comply with two Court Orders issued by this Department, dated March 3, 2022 and May 23, 2022. Motion for Order to Show Cause Hearing: GRANTED Legal Standard: Contempt of the Court is defined and the procedures for establishing it are laid out in Code of Civil Procedure Sections 1209 et seq. Disobedience of any lawful judgment, ...

Excerpt: ...asurer respectively— now bring the instant opposed (1) general and special Demurrer to First Amended Complaint based on insufficiency and uncertainty of pleading and (2) Motion to Strike Portions of Plaintiff's First Amended Complaint, i.e., allegations related to Plaintiff Ayoubia's entitlement to certain damages, injunctive relief, and attorney's fees. The Court SUSTAINS the Demurrer in its entirety based on insufficient pleading as to Mr. Ay...

Excerpt: ...ed because Hasa, Inc. had “no light duty jobs” with which to accommodate Velazquez. Hasa, Inc. now brings this opposed Motion to Compel Arbitration. Because (1) Hasa, Inc. has invoked agreement to arbitrate between the parties that encompasses the causes of action alleged by Velazquez in his Complaint, and (2) because Velazquez does not present valid defenses to the invocation and enforcement of the agreement to arbitrate, the Court GRANTS Mo...

Excerpt: ...ufactures commercial and military aerospace products. On January 20, 1997, the Parties entered into an Exclusive Dealer Sales Agreement (the “Agreement”), pursuant to which Petitioner Global Advance, Inc. was to act as an exclusive dealer for Rogerson Aircraft in the territory of South Korea for the sale of commercial and military aircraft products manufactured by Rogerson Aircraft. Pursuant to the stipulation of the Parties, the parties ente...

Excerpt: ...ly 20, 2022 (“Arbitration Motion”) and (2) an opposed Motion to Stay Entire Action Pending Resolution of Ford's Motion to Compel Arbitration, set for hearing on June 20, 2022 (“Motion to Stay”). After considering the Parties' arguments, the Court GRANTS Ford Motor Co.'s Motion to Stay because (1) Ford Motor Co. has filed with the Court a Motion to Compel Arbitration, set to be heard at a future date, (2) Ford Motor Co. has made a Motion t...

Excerpt: ...Retention and Hiring, as based on Mr. Bruce “develop[ing] pressure sores on his back, hip and coccyx area that continued to worsen until they were Stage IV exposing muscle and bone” during a five-week stay in facilities owned by California Care, Inc. Plaintiff requests an Order Compelling Compliance with Deposition Subpoena, seeking to compel Silver Years Healthcare, Inc. for any records related to the care of Mr. Bruce by Silver Years in 202...

Excerpt: ...i-Cal provider had been suspended by DHCS due to a California Department of Justice investigation into MCCN for fraudulent billing. MCCN's operative Complaint alleges causes of action against DHCS based on these facts: (1) Violation of Section 1902(bb) of the Social Security Act, 42 U.S.C. Section 1396a(bb) for failure to compensate MCCN $9.9 million for services rendered to California Medi-Cal beneficiaries during MCCN's 18-month suspension; (2)...

Excerpt: ...ets breached the lease and that provision by assigning/subletting to Classic Pallet and Perez in October or November 2019, and then altogether ceasing to pay rent in April 2020, after with Classic Pallet and Perez remained on the Property without payment of rent until approximately May 2021, vacating the premises on August 31, 2021 (after the parties reached a settlement in a separate unlawful detainer action). Classic Pallet and Perez now bring ...

Excerpt: ...C and its Managing Member Kenneth Berry) and State of California and Los Angeles County entities that either provided the loan that created the undisclosed property tax assessment or required and/or collected the payment the assessment derived therefrom. Since bringing this action, Plaintiffs have obtained satisfaction for their damages by leveraging the title insurance policy they obtained during their purchase of the home. As a result, Plaintif...

Excerpt: ...IC eligible clients, performing clerical/office duties, reporting all unusual situations to management, cleaning the workspace, and covering breaks for other employees at the front desk. During this time, Ramirez developed carpel tunnel, tinnitus, trigger finger, and a meniscus tear in her shoulder. Ramirez provided a doctor's note to Heluna Health regarding restrictions to her ability to lift objects but alleges that Heluna Health nevertheless r...

Excerpt: ... by the end of 2019. In turn, Lenee and Patno provided savings and loans so that an Empire subsidiary—Marquez Terrace LLC (“Marquez Terrace”)—could purchase and temporarily pay the mortgage on 16655 Marquez Terrace, Los Angeles, CA 90272 (“Subject Property”), until such time as Conway-Burt secured a construction loan to cover the Property's mortgage between approximately the beginning of 2020 and the future sale date of the Subject Pr...

Excerpt: ...rsuant to Code of Civil Procedure section 1032, subdivision (a)(4), and section 8800, subdivision (c), among others. Because Paragon's dismissal of this action made the Defendants a prevailing party in this action pursuant to section 1032 of the Code of Civil Procedure and California case law, and because Code of Civil Procedure section 8800—the statutory section under which this suit was brought—permits the prevailing party to recover reason...

Excerpt: ...t. Because it complies with California Rules of Court Rule, rule 3.1324, subdivisions (a) and (b), and because the proposed amendments are not facially defective as a matter of law, Defendant Dan Metcalfe's Motion for Leave of Court to File a First Amended Answer to Add Additional Affirmative Defenses is GRANTED. Further, the Court GRANTS in Part Defendant Dan Metcalfe's Motion for Leave of Court to File a Compulsory Cross-Complaint, limiting the...

Excerpt: ...�with Quality Behavior Solutions operating Ms. Hernandez's alter ego—engaged in conduct amounting to numerous Labor Code and a single Business and Professions Code violation(s) against Plaintiffs Torres and Banuelos, as well as other similarly situated employees at Defendant QSB and Ms. Hernandez. Defendants Quality Behavior Solutions and Rosa Hernandez now bring the instant Motion to Compel Arbitration on the grounds that both Plaintiffs signe...

Excerpt: ...ge in conduct fraudulently divesting Plaintiff of its interests in their joint “K8 Group” venture. Defendants now bring this opposed Motion to Compel Arbitration against the claims alleged in Plaintiff K8 Founders' Complaint. Because (1) the Collective K8 Defendants may invoke arbitration against Plaintiff K8 Founders pursuant to the K8 Group's Second Amended Agreement and Side Letter between the Parties, (2) these Defendants have in fact inv...

Excerpt: ...st the Third and Fourth causes of action against her for Hostile Work Environment (“FEHA”) (i.e., Harassment) and Intentional Infliction of Emotional Distress (“IIED”). Because Defendant Carrillo fails to carry her burden on summary adjudication as to both these claims, the Court DENIES Sergeant Carrillo's Motion. Background Defendant City of Long Beach (“Long Beach” or “City of Long Beach”) hired Plaintiff Rubi Castro (“Castro�...

Excerpt: ...d because any prejudice to Plaintiff Chattin fails to overcome the merit of this amendment request, the Court GRANTS Defendants Haddad and Hawatmeh's Motion for Leave to File Second Amended Answer. Background Plaintiff Crystalynn Chattin (“Chattin”) alleges sixteen causes of action against Defendants Chatsworth Circle K, Inc., Ammeen Haddad (“Haddad”), and Munther Hawatmeh (“Hawatmeh”) for engaging in conduct amounting to Labor Code a...

Excerpt: ...licative charges relating to freight forwarding services supplied by CSS. In turn, CSS's First Amended Cross Complaint alleges that Johnson Solar, its owner Weiping Jing, and CACBG, Inc. are indebted to CSS in the amount of $343,869.90 for services rendered by CSS to CACBG, for which Johnson Solar and Ms. Jing are liable based on a Guarantee Contract between the Parties to this effect Background In or around April and June 2020, a representative ...

Excerpt: ...rompting this Court to dismiss the action without prejudice on August 5, 2021. The U.S. District Court for the Central District of California later remanded the action for want of jurisdiction, after which the Parties stipulated to and the Court ordered the dismissal set aside on February 15, 2022, setting a Case Management Conference (“CMC”) for March 25, 2022. On March 25th, both Parties failed to appear, and the Court again dismissed the a...

Excerpt: ... permitted timeframe. The Santos Defendants now bring an opposed Motion to Vacate Default. Because they provide a Declaration from their Counsel indicating that his mistake led to the Defaults, the Court GRANTS the Santos Defendants' Motion to Vacate and AWARDS Plaintiff $1,775.00 in reasonable attorney's fees and costs pursuant to Code of Civil Procedure section 473, subdivision (b). Background On or around October 23, 2014, Defendants Gabriela ...

Excerpt: ...to protect its rights in California courts. Nascient's insurer, Intervenor Kinsale Insurance Company, now brings this Motion to Intervene in this action pursuant to Code of Civil Procedure section 387. Because Intervenor Kinsale's provides sufficient grounds for this Court to determine that Kinsale may intervene in this action as a matter of right and through the mechanism of permissive intervention alike pursuant to Code of Civil Procedure secti...

Excerpt: ...s Doe 1 Ana Maria Leyva. Service of process was via substituted service on an “Octava Leyva – Employee” at “Leyva's Mexican Foods, Inc., 6517 Eastern Ave., Bell Gardens, CA 90201.” Litigation in this matter continued until October 5th, when Plaintiff filed a Motion for Terminating Sanctions set to be heard November 10, 2021. On October 28, 2021, Ms. Leyva's counsel Chad Biggins filed an Opposition to Plaintiff's Motion for Terminating S...

Excerpt: ...ants also filed a Motion to Strike punitive damages, attorney's fees, and alter ego allegations from the 4AC. For the following reasons, the Court (1) OVERRULES the Stewart Defendants' Demurrer as to the First and Fourth causes of action, (2) SUSTAINS WITHOUT LEAVE TO AMEND the Second, Third, and Fifth causes of action, and (3) STRIKES only the third (3 rd) and (4 th) paragraphs of the 4AC's Prayer for relief. Background Following three sustained...

Excerpt: ... Inc., UnitedHealth Group, Inc., and Healthcare Partners Management Services California, LLC (the “Affiliates”) (all defendants collectively, the “Defendants”). HealthCare Partners Management Services California, LLC is a subsidiary of employer OptumCare Management, LLC (“Optum care”). Optum Care, in turn, is a subsidiary of Optum, Inc., and Optum, Inc., is a subsidiary of UnitedHealth Group, Inc. Optum Services, Inc., is not a parent...

Excerpt: ...cial vehicle in Los Angeles county when he was involved in a traffic accident with Plaintiff Marquez. Marquez suffered serious injuries for which he received extensive medical care, including two spinal surgeries, and he suffered loss of income. At the time, the commercial vehicle being driven by Plaintiff Ortiz was insured under a commercial liability insurance policy issued by Defendant Century National Insurance Company (“Century National”...

Excerpt: ...tually identical case pending in the Southern District of California, premised on similar American with Disabilities Act of 1990 (“ADA”) and UCRA violations relating to Shoe Palace's website accessibility for blind persons. Shoe Palace also brings a Demurrer against the Complaint's single cause of. The Court DENIES Shoe Palace's Motion to Stay and OVERRULES Shoe Palace's Demurrer. Judicial Notice The Court TAKES JUDICIAL NOTICE of Exhibits �...

Excerpt: ...ed in conduct constituting ten (10) Labor Code violations and a resulting Business and Professions Code violation against Martinez and similarly situated employees. Martinez sued on behalf of himself, on behalf of other former and current employees under California laws relating to private attorneys general, for: (1) failure to pay minimum wage, Labor Code section 1194; (2) failing to pay minimum wage, Labor Code section 1194.2; (3) failure to pa...

Excerpt: ...son Gas Station, LLC. The deposition was first scheduled for January 27, 2022, but was later rescheduled to March 16, 2022, on which date Slauson Gas filed the instant Motion for Protective Order to prohibit Mr. Neyssani's deposition in its entirety based on Neyssani's present medical condition. After reviewing the moving papers, the Court DENIES the Motion for Protective Order for (1) failure to provide a declaration showing the parties properly...

Excerpt: ...ted characteristics as a black homosexual female. The MTA brings the instant Motion to Strike to eliminate the 92nd to 96th paragraphs of Howard's Second Amended Complaint alleging a purported Exemplary Damages cause of action on the ground that Code of Civil Procedure section 818 prohibits the recovery of such relief against a public entity like the MTA. Because exemplary and punitive damages are forms of relief rather than cognizable legal clai...

Excerpt: ...ntiff Hernandez, which asked whether she was claiming mental or emotional injuries, and if so, the name of the medical provider who treated her, and the type of treatment she received. Dr. Gallardo also served Plaintiff with Requests for Production (Set One) (“RPDs”) at this time, which included requests that Plaintiff produce any records related to her medical treatment. Hernandez's December 15, 2021, responses to these discovery requested p...

Excerpt: ...er's terms also provide that Plaintiff is the “prevailing party” for the purposes of any motion in this action as grounded in the Song-Beverly Act. Plaintiff requests Attorney's Fees, Costs, and Expenses (“Motion”) for $44,225.85, comprised of $27,383.50 in attorney's fees, $13,691.75 in a multiplier enhances and $3,150.60 in costs and expenses. Defendants do not dispute costs but argue that only $12,556.80 of fees are warranted. Evidenti...

Excerpt: ...for Morgan Stanley Mortgage Capital Holdings, LLC, and (2) On March 19, 2020, a Notice of Default (“NOD”) was recorded, indicating that the Loan was in default in the amount of $20,535.99 as of March 17, 2020, with the Notice of Default recorded by the foreclosure trustee on behalf of FV-1, Inc. A declaration of compliance was attached to the NOD, stating that contact was made with borrowers to discuss loss mitigation options at least 30 days...

Excerpt: ...ous violations and harm to Lopez. Lopez's FAC alleges all sixteen of its causes of action against Murillo by various designations, including “Employer,” “Defendant Employer,” and “Defendants.” Murillo makes motions seeking (1) an Order compelling verified Responses to two sets of Form Interrogatories and (2) an Order deeming Admitted the truth of matters alleged in a Request for Admissions (“RFAs”) served on the Plaintiff. Plainti...

Excerpt: ...l termination, IIED, and negligent hiring, supervision, and retention. Defendant Arsenio Rojas [AKA Rojo] (“Rojas”) is alleged by Plaintiff to be a manager and/or supervisor for Defendants Personal Staffing Group (“PSG”), LLC, OS4Labor, LLC, and Molex, LLC, where the Court's review of the pleadings appears to show that Defendant PSG and OS4Labor are employment agencies working under contract with Molex, LLC. The Complaint alleges that Roj...

Excerpt: ...ed a bidding process to select a manager for the 3026 Airport Avenue building. To retain the 3026 building, Plaintiffs submitted a proposal under the name Maxima, which was rejected. Plaintiffs allege that during the selection process, they were defamed by City of Santa Monica officials, including Defendants City of Santa Monica, Kevin McKeown, and Shannon Daut (collectively, “Santa Monica Defendants”). The current First Amended Complaint (�...

Excerpt: ...st the D'Onofrio Defendants. The terms and conditions of the proposed settlement as set forth in the Motion for Determination of Good Faith Settlement are correct. Of note, pertinent terms include that: (1) the D'Onofrio Defendants will pay Plaintiffs a total of $250,000; (2) Plaintiffs will dismiss their Complaint in its entirety with prejudice as to the D'Onofrio Defendants and will provide a general release, including a waiver of California Ci...

Excerpt: ... his body causing him internal bruising. He went on medical leave for this Injury on Duty (“IOD”) through August 3, 2016, when he returned to work subject to medical restrictions of no lifting, pushing, or pulling over 10 pounds, a sit- down job, and no driving or operating machinery. Even through Plaintiff was assigned to Property Division, he continued suffering pain and complained to his supervisor for assigning him a position that was vio...

Excerpt: ...n September 22, 2020, the Court granted terminating sanctions against Dorado and Del Villar's Answer to Saddletree's FAC on this ground. As a result, the Court entered Default on the FAC as against Defendants Dorado and Del Villar. On June 4, 2021, Plaintiffs Plaintiff/Cross-Defendant petitioned the Court for a default judgment on the FAC, which the Court granted on January 3, 2022. Now by way of Terminating and Monetary Sanctions, Saddletree see...

Excerpt: ... set up and operate a factory located in Israel (“AMI Israel Factory”). The plan called for the AMI Israel Factory to produce the blades and cartridges for three razor products—two-, four-, and six-blade razors—with the handles produced elsewhere and then shipped to the AMI Israel Factory to be placed the cartridges, ship the completed two-, four-, and six-blade razor products throughout the world. This plan was memorialized in or around ...

Excerpt: ...sed on allegations of (1) racial harassment, discrimination, and retaliation in violation of Government Code section 12940, (2) violations of California Labor Code 1102.5 (retaliation), and (3) violation Labor Code section 2802, and (4) requesting a declaration of rights and duties as to the parties. On June 17 and 18, 2021, Defendants UHMG, OHCC, Nguyen, and Saechao served Form Interrogatories – Employment, Set One and Defendants UHMG and OHCC...

Excerpt: ...fendant American International Group, Inc. (“AIG, Inc.”). Plaintiff Doerken is a homeowner who submitted an insurance claim to AIG Property Casualty in January 2019 after Doerken hired Colorado Mold Services (“CMS”) to perform an inspection of his family's home, located at 205 16th Street, Manhattan Beach, California, which turned up the presence of black mold. The purpose of the inspection had been to ensure that an October 2018 water lo...

Excerpt: ... a certain lotion, cream, topical ointment or transdermal (“Subject Product”), which was purchased by Lujan on or about February 2, 2012. Specifically, this action involves efforts of parents to obtain damages for the death of their child from individuals and entities they allege manufactured a medical compound, which their child's death. Plaintiffs allege the subject product was defective at the time of its sale, not of merchantable quality ...

Excerpt: ...remainder of the Board for a variety of reasons, including allegations of threats and assaults against other Board—none of which the Court can substantiate from the documents submitted by the Parties outside of allegations and an application for a restraining order. Mr. Ayoubi first joined the Board of Directors in 2018 and alleges that he was removed from the Board in January 2020 because of his continued efforts to expose financial wrongdoing...

Excerpt: ...ring Street building. Omgivning was hired to modify the Spring Street building as an adaptive reuse of a multi-story historic building into apartments, commercial space and a rooftop deck (“Spring Street Project”). On February 16, 2018, Omgivning initiated this action, alleging four claims against Hellman in its attempt to recover $93,727.66 in payment for service rendered. Hellman Cross-Complainted against Omgivning, (and five individuals) a...

Excerpt: ...money had and received. The Complaint was amended on May 13, 2020. Defendant filed an Answer to the Complaint on May 18, 2020, asserting a general denial and 30 affirmative defenses. In relevant part, on September 23, 2021 SoCal Labs moved for terminating sanctions against the May 18, 2020 Answer on the ground that Defendant was a forfeited foreign LLC and thus could not defend itself in this action. The Court granted this motion on November 4, 2...

Excerpt: ...r Court, the Honorable David Sotelo, Judge presiding. Daniel R. Wildish and Charles H. Smith appeared on behalf of Plaintiff/Cross-Defendant, SALVADOR A. MELENDEZ (“Melendez”), and Mark Waecker and Jessica Grazul appeared on behalf of Defendant/Cross- Complainant, INGRID BONILLA (“Bonilla”). The Court announced its decision on December 14, 2021, in favor of Melendez and against Bonilla, and requested that counsel for Melendez prepare a pr...

Excerpt: ...nhattan Beach, CA. The purpose of the inspection was to ensure that an October 2018 water loss had properly been repaired by AIG Co. CMS and Doerken determined the black mold were caused by heavy rains between November 2018 and April 2019. Mold was found in the family room, laundry room, master bedroom, kitchen, living room, and beach room. Defendant J.S. Held, an engineering company, was hired by Defendant AIG to review CMS's findings. Held insp...

Excerpt: ...fraud allegations arising from the same facts. Plaintiffs Virginia Serena Hermenegildo and Fernando A. Romano Orrego purchased a 2016 Kia Optima from a car dealership. Prior to their purchase, Plaintiffs reviewed a sales brochure detailing a Gasoline Direct Injection (GDI) mechanism used in the Optima's engine. Unknown to Plaintiff, the GDI contained a defect restricting the oil flow to vital engine parts, including but not limited to the connect...

Excerpt: ... obtained by Plaintiff in the purchase of a home located at 1063 Avenue C, Redondo Beach, CA 90277 (Property), escrow for which closed in May 2015. (See ibid.) Plaintiffs contracted insurance with Cal Auto through Ganis Insurance Services, and an authorized agent and representative of Cal Auto. (Ganis UMF No. 2; FAC, ¶ 8; Ganis Decl., ¶ 9.) With Ganis Service's assistance, the Boesen elected the Policy at issue. The Policy insured Plaintiffs ag...